From the Ravs Desk: Shaalos & Teshuvos on Nine Days and More

On Rosh Chodesh Menachem Av, may one eat meat and listen to music Lekavod Rosh Chodesh?[1]

All laws and regulations that apply during the nine days, begin to apply starting from sunset of the entrance of Rosh Chodesh Menachem Av, and there is no extra leniency on Rosh Chodesh. Hence, even on Rosh Chodesh one may not eat meat, drink wine, or listen to music. This however, only applies to Ashkenazim, however Sephardim may eat meat and drink wine on Rosh Chodesh, until after Rosh Chodesh, until the second of Menachem Av.[2]

[1] See regarding meat: Second opinion in Michaber 551:9; Tur 551; Maharil; M”A 551:26 “and so is the law by Rosh Chodesh according to us”; Seder Hayom “even though Rosh Chodesh is a day of joy, this does not apply to Rosh Chodesh Av being that it is the start of tragedy and on this day Aron passed away”; M”B 551:58 “So is the custom in these provinces” based on Derech Hachaim and Chayeh Adam; Mamar Modechai 551:9; Nezirus Shimshon 551; Kaf Hachaim 551:125-126; Mur Veohalos 39; Toras Chaim Sofer 551:19; Nefesh Chayah O.C. 551:1; Minhagei Maharam Eish; Nitei Gavriel 26:2 footnote 3; See also Yerushalmi Taanis 4:5 See regarding music that starting from Rosh Chodesh the restriction becomes even more severe: Kitzur SH”A 122:1; Biur Halacha 551 “Mematin” in name of Peri Megadim “May play for gentiles for Parnasa” and Derech Hachaim “Implies that even according to the Peri Megadim it is only allowed until Rosh Chodesh”

Other customs: Some individuals who are accustomed to eating meat on every Rosh Chodesh, are accustomed to eat meat even on Rosh Chodesh Av. [Toras Chaim Sofer 551:19; Shaar Yissachar Mamarei Tamuz Veav ]

[2] Kaf Hachaim 551:125-126; Kneses Hagedola 551:26 custom of Kushta; Chida in Moreh Baetzba 233; Ben Ish Chaiy Devarim 15; Kol Eliyahu 45; Yechaveh Daas 1:41; Chazon Ovadia and Yalkut Yosef; Harav Mutzafi [This is unlike the common misconception that Sefaradim avoid meat only on the week of Tisha B’av. I personally asked a number of Sefaradim in Israel and Diaspora and all stated they follow the custom to avoid meat from the 2^nd of Menachem Av]

According to Sephardic custom, may they eat meat during the nine days?[1]

The Sefaradic custom is to begin to avoid eating meat from the second day of Menachem Av. This is unlike the common misconception that Sefaradim avoid meat only on the week of Tisha B’av. On Rosh Chodesh Menachem Av, they still eat meat.

[1] Kaf Hachaim 551:125-126; Kneses Hagedola 551:26 custom of Kushta; Chida in Moreh Baetzba 233; Ben Ish Chaiy Devarim 15; Kol Eliyahu 45; Yechaveh Daas 1:41; Chazon Ovadia and Yalkut Yosef; Harav Mutzafi; I personally asked a number of Sefaradim in Israel and Diaspora and all stated they follow the custom to avoid meat from the 2nd of Menachem Av

According to Yemenite custom, may they eat meat during the nine days?[1]

Yes. The Yemenite custom is to follow the letter of the law according to the Talmud and permit the eating of meat during the nine days, until Erev Tishe Beav, by the Seudas Hamfsekes, by when the prohibition of eating meat is from the letter of the law and not due to the custom. Some, however, negate this custom and claim that the Yemenites should not eat meat starting from after Rosh Chodesh.

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[1] Shulchan Aruch Hamekutzar 3:103-8; See Chazon Ovadia Arba Taaniyos p. 170

May one order clothing during the nine days if it will only arrive after Tisha B’av?

Yes.[1]  However, some Poskim[2] rule one may not do so during the nine days.

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[1] Igros Moshe 3:82; Vayivarech David 69; See Piskeiy Teshuvos 551:11 footnote 75

The reason: See Rama 551:7 that one may have a non-Jew make one clothing for it to be ready after the fast; Thus, from here we see that so long as the garment will not be received by the buyer until after the fast, it is permitted. This is in contrast to laundering, which is forbidden even for after the fast. See M”A 551:25 that buying is more lenient than laundering, and so long as “his name is not yet on the clothing”, it is permitted; Another aspect we can add, is that no Kinyan Meshicha has been made until one receives the product and hence it is not yet his; See Vayivarech David 69; Piskeiy Teshuvos 551:11 footnote 75

[2] Piskeiy Teshuvos 551:11 footnote 75

May one buy clothing if they are on sale and will not be available for the same price after Tisha B’av?^[1]

If there is a sale on clothing during the three weeks, and the sale will not be available after Tisha B’av, it is permitted to buy the clothing even during the nine days. [However, one should not wear the clothing.] Some Poskim[2], however, limit this allowance to buy clothing to a case that the sale will save one a large sum of money, and such prices are not commonly found. Other Poskim[3] rule that ideally there is no room to be lenient in this matter, and one should especially be stringent in the week of Tisha b’Av, or if one does not really need the clothing and simply wants to buy because of the sale.

[1] See Kinyan Torah 1:109 as this is considered a “Davar Haaveid”; Vayeishev Moshe 1:15; Piskeiy Teshuvos 551:30; See M”B 551:11 in name of P”M 551 A”A 2

[2] Kinyan Torah 1:109; Vayeishev Moshe 1:15

[3] Michzeh Eliyahu 2:25

May one buy clothing if he is leaving the country during the nine days, and such clothing are not available in his destination for the same price?

Seemingly, this should follow the same law as above regarding clothing that are on sale.^[1] Thus, if the clothing or price will not be available in his destination, it is permitted to buy the clothing even during the nine days. [However, one should not wear the clothing.] Some Poskim[2], however, limit this allowance to buy clothing to a case that doing so will save one a large sum of money. Other Poskim[3] rule that ideally there is no room to be lenient in this matter, and one should especially be stringent in the week of Tisha b’Av, or if one does not really need the clothing and simply wants to buy because of the sale.

[1] So rule regarding Chol Hamoed: SSH”K 67:30 in name of Igros Moshe; Piskeiy Teshuvos 539:3; See Kinyan Torah 1:109; Vayeishev Moshe 1:15; Piskeiy Teshuvos 551:30; See M”B 551:11 in name of P”M 551 A”A 2

[2] Kinyan Torah 1:109; Vayeishev Moshe 1:15

[3] Michzeh Eliyahu 2:25

May one go on trips during the three weeks?

Some Poskim[1] rule that one is to abstain from going on trips or outings during the three weeks. This includes abstaining from going on pleasure trips to gardens and orchards, the beech, or a river. One must certainly avoid going to areas of possible danger during this time.[2] This especially applies during the period of the nine days.

[1] Sdei Chemed 1:10 in name of Rav Chaim Falagy in Masa Chaim; Piskeiy Teshuvos 551:1

[2] Makor Chaim 551:14

Where is the Luz Bone?

The Midrash^[1] states that the Luz bone is in the spine. Some^[2]  write it is the C1 vertebrae at the top of the cervical spine. This refers to the most top bone that is found by the neck, by the start of the spine, right under the end of the bone of the skull. Others write that it is the coccyx bone, which is a small triangular bone at the base of the spinal column in humans, formed of fused end of the spinal cord. It is below the 18 spinal disks.^[3] Others say that according to the Kabbalists it is the bone at the back of the skull by which one places the knot of the Tefillin. This bone is found right above the C1 vertebrae, as hold the first opinion.^[4] Others write that it is a small tiny round bone not larger than the size of a barley, that is found under the brain of man within the skull, and contains veins in the form of a spider web.^[5]

[1] Rebbe Yehoshua in Koheles Raba 12:5; Bereishis Raba 28:3; See Tosafus Bava Kama 16a and Bereishis Raba 56:2

[2] Midrash Tanchuma Chayeh Sara 7

[3] Aruch “Luz”; Rashi on Bereishis Raba 28:3; Avodas Hakodesh 2:40; Avkas Rochel 2:4

[4] Likkutei Nach Arizal Parshas Shoftim; Likkutei Shas on Rosh Hashanah; Sefer Hamamarim 5711 p. 209

[5] Mavor Yabok Sefas Emes 6 p. 98 in name of Ramak